ANALISIS HAK KEPEMILIKAN TANAH ULAYAT MASYARAKAT ADAT KESULTANAN DELI DITINJAU DARI ASAS KEPASTIAN HUKUM (STUDI PUTUSAN NOMOR 371/Pdt.G/2010/PN.Mdn)

Suryadharma, Aditya (2023) ANALISIS HAK KEPEMILIKAN TANAH ULAYAT MASYARAKAT ADAT KESULTANAN DELI DITINJAU DARI ASAS KEPASTIAN HUKUM (STUDI PUTUSAN NOMOR 371/Pdt.G/2010/PN.Mdn). Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

Land has a very close role in relation to human life, the existence of a land or land is inseparable from various activities ranging from economic, political, social and cultural activities both individuals and community groups. Problems arising in indigenous land disputes are very important to pay attention to because they trigger many prolonged conflicts. One of them is the problem of nationalization of concession land which is an asset of customary ownership. Decision No. 371/Pdt.G/2010/PN.Mdn states that customary land that is considered an asset of the Dutch company has become state land when it is nationalized, especially since there is no effort to register the land until the conversion period ends, starting from the enactment of the UUPA. While in Indonesia it is very clear that the existence of Indigenous Peoples is highly valued and recognized, so with the nationalization by the government, the object of dispute owned by the Deli Sultanate Community cannot be subject to nationalization, the customary land still exists and even though the conversion period has passed, it is still a lease right that must be returned after the lease expires and does not become state land just because of nationalization. As a result, legal uncertainty arises about the status of state land that was previously customary land nationalized by the Indonesian Government. This research uses a normative juridical approach method. The author's suggestion on this issue is the need to strengthen customary institutions that can facilitate indigenous peoples in participating in development. And encourage the enactment of bills and regional regulations for the protection and recognition of the rights of Indigenous Peoples including the rights owned by the Indigenous Peoples of the Sultanate of Deli the ratification of the indigenous peoples bill is very important, as a legal umbrella to protect indigenous peoples.

Item Type: Thesis (Undergraduate)
Student ID: 201810110311087
Keywords: Judge's Decision, Customary Land, Management Rights, Aspects of Legal Certainty
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 201810110311087 dharmaaditya2007
Date Deposited: 04 Dec 2023 05:01
Last Modified: 04 Dec 2023 05:01
URI: https://eprints.umm.ac.id/id/eprint/1714

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